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Comparative Study - The Legislation Protecting Intellectual Property Rights and its Enforcement

During the first session of the EU-China IPR Dialogue in November 2004, European and Chinese authorities agreed to carry out a comparative study on the legislation protecting IPR and its enforcement in the EU and China.

The study, entitled “The Legislation protecting Intellectual Property Rights and its Enforcement in the European Union and the People’s Republic of China: A Comparative Study” has been commissioned by the joint EU-China Trade Project (EUCTP), and carried out by a panel of senior European and Chinese IPR experts, with the active input of academics and legal practitioners from both sides.

The study analyses common IPR practices (civil, administrative and criminal procedures as well as the role of customs) in China and four selected EU member states (France, Germany, the UK and the Czech Republic). It identifies and compares, from the point of view of an IP holder, the specific procedures available for handling IPR-related cases (Patents, Designs, Trademarks and Copyrights), how they are applied and their overall effectiveness. Where the systems diverge, the study seeks to highlight the differences in a descriptive and factual manner. It is the largest and most in-depth EU-China comparative study on IPRs that has been ever conducted and is a good example of the positive agenda that the EU has developed with China to tackle this important issue.

Overall, the study is intended to help Chinese and European officials to gain a better understanding of the specific conditions under which our respective IP systems are implemented with a view to improve their efficiency. Additionally, the study will also be useful to Chinese and European industries looking to protect their rights more effectively both in Europe and China.


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The Legislation Protecting Intellectual Property Rights and its Enforcement: A Comparative Study